{"operation":"document","citation":"16 TAC § 8.5","title":"Definitions","source_type":"regulation","agency":"Railroad Commission of Texas","status":"current","official":true,"published_on":null,"effective_on":"2020-01-06","summary":"In addition to the definitions given in 49 CFR Parts 40, 191, 192, 193, 195, and 199, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Affected person--This definition of this term applies only to the pro","machine_formats":{"json":"https://regulus.evalyn.ai/document/tx-tac-16-8-5.json","markdown":"https://regulus.evalyn.ai/document/tx-tac-16-8-5.md"},"app_url":"https://regulus.evalyn.ai/document/tx-tac-16-8-5","source_url":"https://texas-sos.appianportalsgov.com/rules-and-meetings?chapter=8&interface=VIEW_TAC&part=1&title=16","body":"In addition to the definitions given in 49 CFR Parts 40,\n191, 192, 193, 195, and 199, the following words and terms,\nwhen used in this chapter, shall have the following\nmeanings, unless the context clearly indicates otherwise.\n(1) Affected person--This definition of this term applies\nonly to the procedures and requirements of §8.125 of this\ntitle (relating to Waiver Procedure). The term includes but is\nnot limited to:\n(A) persons owning or occupying real property within\n500 feet of any property line of the site for the facility or\noperation for which the waiver is sought;\n(B) the city council, as represented by the city attorney,\nthe city secretary, the city manager, or the mayor, if the\nproperty that is the site of the facility or operation for which\nthe waiver is sought is located wholly or partly within any\nincorporated municipal boundaries, including the\nextraterritorial jurisdiction of any incorporated municipality.\nIf the site of the facility or operation for which the waiver is\nsought is located within more than one incorporated\nmunicipality, then the city council of every incorporated\nmunicipality within which the site is located is an affected\nperson;\n(C) the county commission, as represented by the\ncounty clerk, if the property that is the site of the facility or\noperation for which the waiver is sought is located wholly or\npartly outside the boundary of any incorporated municipality.\nIf the site of the facility or operation for which the waiver is\nsought is located within more than one county, then the\ncounty commission of every county within which the site is\nlocated is an affected person;\n(D) any other person who would be impacted by the\nwaiver sought.\n(2) Applicant--A person who has filed with the Oversight\nand Safety Division, Pipeline Safety Department, a complete\napplication for a waiver to a pipeline safety rule or\nregulation, or a request to use other technology or assessment\nmethodology not specifically listed in §8.101(b)(1) of this\ntitle (relating to Pipeline Integrity Assessment and\nManagement Plans for Natural Gas and Hazardous Liquids\nPipelines).\n(3) Application for waiver--The written request,\nincluding all reasons and all appropriate documentation, for\nthe waiver of a particular rule or regulation with respect to a\nspecific facility or operation.\n\n(4) Charter school--An elementary or secondary school\noperated by an entity created pursuant to Texas Education\nCode, Chapter 12.\n(5) Commission--The Railroad Commission of Texas.\n(6) Direct assessment--A structured process that\nidentifies locations where a pipeline may be physically\nexamined to provide assessment of pipeline integrity. The\nprocess includes collection, analysis, assessment, and\nintegration of data, including but not limited to the items\nlisted in §8.101(b)(1) of this title. The physical examination\nmay include coating examination and other applicable non-\ndestructive evaluation.\n(7) Director--The director of the Oversight and Safety\nDivision or the director's delegate.\n(8) Division--The Oversight and Safety Division of the\nCommission.\n(9) Farm tap odorizer--A wick-type odorizer serving a\nconsumer or consumers off any pipeline other than that\nclassified as distribution as defined in 49 CFR 192.3 which\nuses not more than 10 mcf on an average day in any month.\n(10) Gas--Natural gas, flammable gas, or other gas which\nis toxic or corrosive.\n(11) Gas company--Any person who owns or operates\npipeline facilities used for the transportation or distribution\nof gas, including master metered systems.\n(12) Hazardous liquid--Petroleum, petroleum products,\nanhydrous ammonia, or any substance or material which is in\nliquid state, excluding liquefied natural gas (LNG), when\ntransported by pipeline facilities and which has been\ndetermined by the United States Secretary of Transportation\nto pose an unreasonable risk to life or property when\ntransported by pipeline facilities.\n(13) In-line inspection--An internal inspection by a tool\ncapable of detecting anomalies in pipeline walls such as\ncorrosion, metal loss, or deformation.\n(14) Intrastate pipeline facilities--Pipeline facilities\nlocated within the State of Texas which are not used for the\ntransportation of natural gas or hazardous liquids or carbon\ndioxide in interstate or foreign commerce.\n(15) Lease user--A consumer who receives free gas in a\ncontractual agreement with a pipeline operator or producer.\n(16) Liquids company--Any person who owns or\noperates a pipeline or pipelines and/or pipeline facilities used\nfor the transportation or distribution of any hazardous liquid,\nor carbon dioxide, or anhydrous ammonia.\n(17) Master meter operator--The owner, operator, or\nmanager of a master metered system.\n(18) Master metered system--A pipeline system (other\nthan one designated as a local distribution system) for\ndistributing gas within but not limited to a definable area,\nsuch as a mobile home park, housing project, or apartment\ncomplex, where the operator purchases metered gas from an\noutside source for resale through a gas distribution pipeline\nsystem. The gas distribution pipeline system supplies the\nultimate consumer who either purchases the gas directly\nthrough a meter or by other means such as rents.\n(19) Natural gas or other gas supplier--The entity selling\nand delivering gas to a school facility or a master metered\nsystem. If more than one entity sells and delivers gas to a\nschool facility or master metered system, each entity is a gas\nsupplier for purposes of this chapter.\n(20) Operator--A person who operates on his or her own\nbehalf, or as an agent designated by the owner, intrastate\npipeline facilities.\n(21) Person--Any individual, firm, joint venture,\n\npartnership, corporation, association, cooperative\nassociation, joint stock association, trust, or any other\nbusiness entity, including any trustee, receiver, assignee, or\npersonal representative thereof, a state agency or institution,\na county, a municipality, or school district or any other\ngovernmental subdivision of this state.\n(22) Person responsible for a school facility--In the case\nof a public school, the superintendent of the school district as\ndefined in Texas Education Code, §11.201, or the\nsuperintendent's designee previously specified in writing to\nthe gas supplier. In the case of charter and private schools,\nthe principal of the school or the principal's designee\npreviously specified in writing to the gas supplier.\n(23) Pipeline facilities--New and existing pipe, right-of-\nway, and any equipment, facility, or building used or\nintended for use in the transportation of gas or hazardous\nliquid or their treatment during the course of transportation.\n(24) Pressure test--Those techniques and methodologies\nprescribed for leak-test and strength-test requirements for\npipelines. For natural gas pipelines, including LPG\ndistribution systems and master metered systems, the\nrequirements are found in 49 Code of Federal Regulations\n(CFR) Part 192, and specifically include 49 CFR 192.505,\n192.507, 192.515, and 192.517. For hazardous liquids\npipelines, the requirements are found in 49 CFR Part 195,\nand specifically include 49 CFR 195.305, 195.306, 195.308,\nand 195.310.\n(25) Private school--A school that:\n(A) offers a course of instruction for students in one or\nmore grades from kindergarten through grade 12;\n(B) is not operated by a governmental entity; and\n(C) is not a home school.\n(26) Public school--An elementary or secondary school\noperated by an entity created in accordance with the laws of\nthe State of Texas and accredited by the Texas Education\nAgency pursuant to Texas Education Code, Chapter 39,\nSubchapter D. The term does not include programs and\nfacilities under the jurisdiction of the Texas Juvenile Justice\nDepartment, the Texas Health and Human Services\nCommission, the Texas Department of Criminal Justice or\nany probation agency, the Texas School for the Blind and\nVisually Impaired, the Texas School for the Deaf and\nRegional Day Schools for the Deaf, the Texas Academy of\nMathematics & Science, the Texas Academy of Leadership\nin the Humanities, and home schools or proprietary schools\nas defined in Texas Education Code, §132.001.\n(27) School facility--All piping, buildings and structures\noperated by a public, charter, or private school that are\ndownstream of a meter measuring gas service in which\nstudents receive instruction or participate in school\nsponsored extracurricular activities, excluding maintenance\nor bus facilities, administrative offices, and similar facilities\nnot regularly utilized by students.\n(28) Transportation of gas--The gathering, transmission,\nor distribution of gas by pipeline or its storage within the\nState of Texas. For purposes of safety regulation, the term\nshall include onshore pipeline and production facilities,\nbeginning after the first point of measurement and ending as\ndefined by 49 CFR Part 192 as the beginning of an onshore\ngathering line.\n(29) Transportation of hazardous liquids or carbon\ndioxide--The movement of hazardous liquids or carbon\ndioxide by pipeline, or their storage incidental to movement,\nexcept that, for purposes of safety regulations, it does not\ninclude any such movement through gathering lines in rural\n\nlocations or production, refining, or manufacturing facilities\nor storage or in-plant piping systems associated with any of\nthose facilities.","truncated":false,"body_characters":9354}